Alameda to settle lawsuit alleging police misconduct for $450,000

Jeffrey Navarro says an Alameda police sergeant repeatedly beat him with a baton

Jeffrey Navarro says an Alameda police sergeant repeatedly beat him with a baton

Photo: Courtesy Of Susan Kang Gordon

Photo: Courtesy Of Susan Kang Gordon

Image
1of/3

Caption

Close

Image 1 of 3

Jeffrey Navarro says an Alameda police sergeant repeatedly beat him with a baton

Jeffrey Navarro says an Alameda police sergeant repeatedly beat him with a baton

Photo: Courtesy Of Susan Kang Gordon

Alameda to settle lawsuit alleging police misconduct for $450,000

1 / 3

Back to Gallery

The city of Alameda agreed to pay $450,000 to settle a lawsuit alleging that a police sergeant used excessive force when he repeatedly used a baton to hit a theft suspect who is mentally and physically disabled.

Navarro said he was hospitalized for months after being “violently beaten” with a baton by Alameda police Sgt. Patrick Wyeth on the 2500 block of Clement Avenue on July 27, 2012.

Police and city officials said Wyeth acted “reasonably and lawfully” when he detained and arrested Navarro, who matched the description of a cell phone charger theft suspect from a nearby Verizon store on Blanding Avenue. Navarro fled on a bicycle and refused orders by Wyeth to stop, officials said.

In a statement, Alameda officials said, “While the city believes the case is defensible, the city is aware of the recent incidences and public debate occurring throughout the country regarding the use of force by police officers. Rather than subject the city, its Police Department and its taxpayers to what would likely be a long and costly jury trial, the city decided it was in its best interests to bring this matter to resolution now.”

The incident was captured on a camera worn by Wyeth. The sergeant can be heard whistling at Navarro to stop, sounding his patrol car’s air horn and warning Navarro not to flee, at one point saying, “You better stop. Otherwise, you’re going to get hurt. I don’t want to hurt you.”

Alameda to pay $450K to settle lawsuit alleging cop misconduct

Media: San Francisco Chronicle

The video captures Wyeth confronting Navarro. The sergeant’s baton can be seen on the video, and Navarro can be seen reacting to what his attorney, Susan Kang Gordon, said are baton strikes that were unjustified because he was unarmed and posed no threat.

The attorney said no phone charger was found on her client. Even if people are suspected of wrongdoing, “we don’t hit people because they do bad things,” she said.

The confrontation left Navarro with a broken left arm, a fractured right elbow and injuries to his neck and leg, according to his suit filed in U.S. District Court in San Francisco. “He is unable to perform daily tasks such as holding a beverage in his hand, brushing his teeth or using the bathroom by himself,” the suit says.

Police arrested Navarro on suspicion of resisting arrest, but Alameda County prosecutors declined to file charges.